The High Court has affirmed private schools’ authority to increase fees, but held that the authority must be exercised in accordance with the applicable statutory procedure, including the framework governing Parents Associations.
The court made the finding while dismissing a petition by two Oshwal Academy parents who challenged a six per cent fees increase for the 2026/2027 academic year, arguing that it had been imposed without meaningful parental participation.
The parents relied on the Basic Education Act, which require private schools to establish a Parents Association whose functions include discussing and recommending charges levied on pupils or parents.
On its part, Oshwal argued that its fee increase had been considered and approved at its May 2026 AGM, with parents and learners participating and about three months' notice given before implementation.
The court found that the petitioners had failed to prove that Oshwal’s fee increase was unlawful or procedurally unfair. Justice David Mburu said the school had produced AGM minutes showing the process followed before the six per cent increase was approved, including participation by parents and learners.
“The respondents have demonstrated in their affidavits and submissions the process followed before the six cent increment was approved.The Petitioners on the other hand have not provided proof to support their allegations nor have they made a clear case of illegality, irrationality or procedural impropriety,” he said.
The court held that Oshwal, as a private institution, had authority to increase fees provided it followed the applicable procedure.
“The first respondent being a private institution retains autonomy and power to maintain standards in the course of studies which confers it the authority to increase fees payable as long as procedure is followed,” he said.
“I therefore uphold the decision of the first respondent. If the petitioners are aggrieved, they could terminate the contract or follow all conflict resolution mechanisms listed within it.”
The court also rejected the parents’ claims that their freedom of association and consumer rights had been violated, finding they had provided no evidence to support those allegations.
The parents moved to court in July 2026 arguing that Oshwal Education and Relief Board had increased fees without consulting parents through a lawfully constituted Parents Association.
They asked the court to declare the increase unconstitutional and unlawful and to order the school to establish a Parents-Teachers Association (PTA) in accordance with the law.
The parents also challenged the composition of Oshwal’s existing PTA, arguing that its executive members had been appointed in 2021 and had not subsequently been elected or ratified by parents at an annual general meeting.
Violations of constitutional rights
They said the fee increase affected parents’ financial obligations and their children’s access to education, and alleged violations of constitutional rights to fair administrative action, consumer protection and education.
Oshwal opposed the petition, saying it operates private schools and that its relationship with parents is contractual.
The Board said the six per cent increase was approved at its 84th Annual General Meeting at the Shree Visa Oshwal Community Centre between May 15 and 17, 2026.
It said the meeting considered the operational budget through August 2027, with delegates representing members of the school community attending.
Parents were then issued a notice dated May 29, giving about three months before the revised fees took effect, the Board said.
The school attributed the increase to higher costs of fuel, electricity, water and maintenance, increased investment in teachers and professional staff, learning resources, digital tools, facilities and student safety.
It said the 2026/2027 increase was six per cent and that fee reviews had not occurred every academic year.
Oshwal also said it operates five private schools offering the Cambridge International and Edexcel systems and has more than 2,000 learners.
The Board said its Parents-Teachers Association had existed since 2021 and remained active, with representatives from different school years.
PTA chairperson Shubhrika Mohitey said the association had held meetings concerning learners’ welfare and did not oppose the six per cent increase.
The parents relied on section 55(3) of the Basic Education Act and the Third Schedule, arguing that private schools must establish a Parents Association with the composition and functions prescribed by law.
They argued that the statutory association was different from an AGM and that its functions included considering and recommending school charges.
The petitioners also relied on an earlier Oshwal case in which the court ordered the establishment of a Parents-Teachers Association in accordance with the Basic Education Act.
In its judgment, the court found that the petitioners had standing to bring the case and rejected the argument that the dispute was purely contractual. Justice Mburu said the court had to examine the alleged constitutional violations raised by the parents.
On the right to education, however, the judge held that the constitutional obligation to provide education rests on the State and that the relationship between a private school and its beneficiaries is contractual.
The court also found that the petitioners had not provided evidence supporting their claims of violations of freedom of association or consumer rights.
